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2025 DAILYLAW 51157 (AP)

Mannala Narayana v. The State of Andhra Pradesh

WP/5585/2020 · 2025-09-21

B Krishna Mohan

body2025

Judgment text

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APHC010093492020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5585/2020 Between: 1. MANNALA NARAYANA, S/O. MUTHYALAPPA AGED ABOUT 54 YEARS, 2. MANNALA OBULESU, S/O. MUTHYALAPPA AGED ABOUT 41 YEARS, 3. MANNALA RAMESH, S/A. MUTHYALAPPA AGED ABOUT 33 YEARS, 4. MANNALA VISWANADH, S/O. LAKSLUNANTMNA AGED ABOUT 30 YEARS, 5. MANNALA LAKSTUNANNA, S/O. MUTHYALAPPA AGED ABOUT 45 YEARS, 6. MANNALA NARAYANA, S/O. PEDDA SUBBA RAYUDU AGED ABOUT 58 YEARS, 7. MANNALA SUBRAMNAYAM, S/O. NARAYANA AGED ABOUT 28 YEARS, 8. P. SUBRAMNAYAM, S/O. SUBBA RAYUDU AGED ABOUT 25 YEARS, 9. MANNALA CHINNA SUBBARAYUDU, S/O. MUTHYALAPPA AGED ABOUT 54 YEARS, 10. MANNALA RAMANJANEYULU, S/O. HANUMAAPPA AGED ABOUT 72 YEARS, 11. MANNALA SRIKANTH, S/A. RAMANJANEYULU AGED ABOUT 21 YEARS, 2 12. MANNALA OBULESU, S/O. HANUMANNA AGED ABOUT 58 YEARS, 13. MANNALA NARAYANA, S/O. PEDDA NALLAPPA AGED ABOUT 65 YEARS, 14. MANNALA MUTYALAPPA, S/O. PEDDA NALLAPPA AGED ABOUT 75 YEARS, 15. MANNALA KULAYAPPA, S/A. RAMANJANEYULU AGED ABOUT 30 YEARS, 16. MANNALA NALLAPPA, S/O.NALLAPPA AGED ABOUT 38 YEARS, 17. MANNALA CHINNA NALLAPPA, SIO. NALLAPPA AGED ABOUT 38 YEARS, 18. MANNALA RAMANJANARNMA, W/O. ADEPPA AGED ABOUT 35 YEARS, 19. MANNALA NAGANNA, S/O. NALLAPPA AGED ABOUT 68 YEARS, 20. MANNALA SUBBARAYUDU, S/O. NALLAPPA AGED ABOUT 70 YEARS, 21. MANNALA SUBBARAYUDU, S/O. PEDDA SUBBANNA AGED ABOUT 52 YEARS, 22. MANNALA SUBBARAYUDU, S/O. SUNKAPPA AGED ABOUT 70 YEARS, 23. MADIGA PEDDAKKA, W/O. MADIGA NALLAPPA AGED ABOUT 62 YEARS, 24. MANNALA NAGANNA, S/O. BADA NAGAPPA AGED ABOUT 68 YEARS, 25. MANTRI ADEMMA, W/O. NALLA SWAMY AGED ABOUT 36 YEARS, 26. MANNALA POTHULAIAH, S/O. CHINNA NARAYANA AGED ABOUT 44 YEARS, 27. MANNALA DHANUNJAIAH, S/O. PEDDANNA AGED ABOUT 30 YEARS, 28. MALLA NALLAPPA, S/O. SUBBANNA AGED ABOUT 64 YEARS, 29. MANNALA NAGARJUNA, S/O. LAKSHMANNA AGED ABOUT 26 YEARS, 30. MANNALA SUBBARAYUDU, S/O. MULLAPPA AGED ABOUT 68 3 YEARS, 31. MANNALA PEDDANNA, S/O. PEDDA OBULESU AGED ABOUT 46 YEARS, 32. MANNALA SREERAMULU, S/O. PEDDANNA AGED ABOUT 32 YEARS, 33. MANNALA OBULAPATHI, S/O. PEDDANNA AGED ABOUT 27 YEARS, 34. PUJARI VENKATALALCSHMI, W/O. SUBRAMANYAM AGED ABOUT 30 YEARS, 35. SAKE ADEPPA, S/O. LATE OBULESU AGED ABOUT 52 YEARS, 36. MANNALA SUBRAMANYAM, S/O. SUBBARAYUDU AGED ABOUT 34 YEARS, 37. MANNALA RAMAKRISHNAIAH, S/O. SUBBARAYUDU AGED ABOUT 38 YEARS, 38. MANNALA SUBBARAYUDU, S/O. NAGAPPA AGED ABOUT 72 YEARS, 39. SAKE NARESH, S/O. OBULESU AGED ABOUT 24 YEARS, 40. MESALA CHANDRAYUDU, S/O. OBANNA AGED ABOUT 75 YEARS, 41. MESALA NARAYANA, S/O. OBANNA AGED ABOUT 45 YEARS, 42. MESALA OBULESU, S/O. OBANNA AGED ABOUT 72 YEARS, 43. M. OBULAKKA, W/O. NAGANNA AGED ABOUT 65 YEARS, 44. M. YERRI SWAMY, S/O. NARAYANA AGED ABOUT 28 YEARS, 45. MANNALA ANJANEYULU, S/O. MUTYALANNA AGED ABOUT 62 YEARS, 46. MANNALA OBULESU, S/O. MUTHYALAPPA AGED ABOUT 68 YEARS, 47. MANNALA CHENNAPPA, S/O. MUTHYALAPPA AGED ABOUT 46 YEARS, 48. BANDARU OBULARNMA, W/O. KONDANNA AGED ABOUT 55 YEARS, 49. KOTTAMYERRI SWAMY, S/O. RAMANJANEYULU AGED ABOUT 30 4 YEARS, 50. M. RAMANJANEYUIU, S/O. MAREPPA AGED ABOUT 60 YEARS, 51. MANNALA MALOBILESU, S/O. SUBBARAYUDU AGED ABOUT 30 YEARS, 52. MANNALA CHANDRA SEKHAR, S/O. SUBBARAYUDU AGED ABOUT 25 YEARS, 53. MANNALA NARAYANAMMA, W/O. MUTHYALAPPA AGED ABOUT 46 YEARS, 54. MANNALA NALLAPPA, S/O. MUTHYALAPPA AGED ABOUT 40 YEARS, 55. ROGENNA, S/O NALLAPPA AGED ABOUT 58 YEARS, 56. MANNALA NAGENDRA, S/O.SUBBARAYUDU AGED ABOUT 32 YEARS, 57. MANNALA RAMALAKSHMI, W/O. OBULESU AGED ABOUT 43 YEARS, 58. MANNALA MALOBULESU, S/O. PEDDANNA AGED ABOUT 40 YEARS, 59. M. LAKSHMI DEVI, W/O. YERRAOBULESU AGED ABOUT 48 YEARS, 60. MANNALA NALLANUNA, W/O. NADIPI NARAYANA AGED ABOUT 58 YEARS, 61. M. SUBBARAYUDU, S/O. PEDDANNA AGED ABOUT 35 YEARS, 62. M. NALLAPPA, S/O. OBULESU AGED ABOUT 75 YEARS, 63. M. HANUMANTHU, S/O. ANJANEYULU AGED ABOUT 38 YEARS, 64. M. RAMANJANEYULU, S/O. SUBBAIAH AGED ABOUT 25 YEARS, 65. M. OBULESU, S/O. YERRA OBULESU AGED ABOUT 65 YEARS, 66. M. LAKSHMANNA, S/O. YERRA OBULESU AGED ABOUT 45 YEARS, 67. MANNALA SATYAPPA, S/O. GANGANNA AGED ABOUT 35 YEARS, 68. MANNALA KISHORE, S/O. NARAYANAPPA AGED ABOUT 55 YEARS, 5 69. MATRI NARASIRNULU, S/O. PEDDANNA AGED ABOUT 45 YEARS, 70. MANNALA ANJANANUNA, W/O. OBULESU AGED ABOUT 38 YEARS, 71. MANNALA LAKSHRNAMMA, W/O. OBULESU AGED ABOUT 70 YEARS, 72. M. PEDDA SUBBARAYUDU, S/O. SUBBANNA AGED ABOUT 50 YEARS, 73. M. CHINA SUBBARAYUDU, S/O SUBBANNA AGED ABOUT 45 YEARS, 74. ADI ANDHRA PEDDIRAJU, S/O. OBULESU AGED ABOUT 28 YEARS, ALL ARE RESIDING AT GORGEPET, K.K. PALLI COLONY, ANANTHAPUR RURAL MANDAL, ANANTHAPUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP, BY ITS PRINCIPAL. SECRETARY, REVENUE DEPARTMENT (ASSIGNMENT) SECRETARIAT, VELAGAPUDI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ANANTAPUR. ANANTAPUR DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR, ANANTAPUR DISTRICT. 4. THE TAHSILDAR, ANANTAPUR RURAL MANDAL, ANANTAPUR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue any writ order or orders directions, more particularly one in the nature of writ of Mandamus declaring action of the respondents 2 to 4 without following due process of law and without any notice directed the petitioners to evict from their respective plots situated in Akkam Palli village in survey No.160-2 and Rachana Palli H/o Akkam palli village in Sy.No. 160 at Anantapur Mandal, Anantapur District , is illegal, arbitrary and against the principles of natural justice as well as against the constitutional Law, consequently directing the respondents 2 to 4 not to interfere in the above petition schedule without following due process of law and also be pleased 6 IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to cause any sort of interference or dispossession in the peaceful possession and enjoyment of the their respective plots in petition schedule property situated in Akkam PaIli village in survey No.160-2 and Rachana Palli H/o Akkam palli village in Sy.No. 160 at Anantapur Mandal, Anantapur District pending disposal of the writ petition Counsel for the Petitioner(S): 1. INENI VENKATA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 7 The Court made the following ORDER: Heard the learned counsel for the petitioners, as he appeared virtually and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition was filed questioning the action of the respondent Nos.2 to 4 without following the due process of law and without any notice directed the petitioners to evict from their respective plots situated in Akkampalli Village in Sy.No. 160-2 and Rachana Palli H/o. Akkam Palli village in Sy.No.160 at Anantapur Mandal, Anantapur District. 3. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 15.07.2025 submits that the land in Sy.No.160 to an extent of Ac.8.27 cents of Rachanapalli Village was classified as “Ralla Gutta”, Government Poramboke as per the re-settlement Register of the village. In the year 2011, house site pattas were granted to the houseless poor people vide H.S.Dis. No.92/1421, dated 10.11.2011. When they have not occupied the house site pattas allotted to them keeping them vacant and as the allottees violated the patta conditions, with a view to cancel and resume the land to the Government, after due process, the Revenue Divisional Officer, Ananthapuramu, has passed orders vide Rc.No.B/47/2020, dated 31.01.2020, addressed to the Tahsildar, Ananthapuramu for cancellation of the said house site pattas, under BSO 21, Paragraph 7, Clause II and IV and G.O.Ms.No.898 Revenue (Assignment-I) 8 Department, dated 12.07.2006. Accordingly, the then Tahsildar, Ananthapuramu has cancelled the house site pattas and resumed it to the Government. Hence, the petitioners filed the present Writ Petition. 4. There is an interim direction dated 05.03.2020, “not to dispossess the petitioners from their respective plots in Sy.No.160-2 of Akkampalli Village and Sy.No.160 of Rachanapalli Village, Anantapur Mandal and District”. 5. The interim Order is dated 05.03.2020, but the then Tahsildar granted D-patta to one Sri D. Madan Mohan, S/o. D. Bala Subbamma vide proceedings DAR.Dis.No.79/1416, dated 07.04.2007. 6. She further submits that the petitioners are not in possession of the subject lands as they have sold away to one Sri C. Linga Reddy, who purchased the subject land under vide Registered document No.4329/2021, dated 07.04.2021 in Sy.No.160-2 for an extent of 2.25 acres. At present, his name was entered in the web land adangal vide Khata No.963 of Rachanapalli Village, Ananthapuramu Rural Mandal. He also filed W.P.No.37727 of 2022, wherein, there is an interim order. 7. In view of the above said facts and circumstances, as the petitioners violated the conditions of assignment by selling the same to Sri C. Linga Reddy, not in possession of the subject lands and the resumption orders are passed by the above said revenue authorities, no relief can be granted in this Writ Petition expect dismissing the same. 9 8. Accordingly, the Writ Petition is dismissed. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 22.09.2025 SCH 10 168 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.5585 of 2020 Date: 22.09.2025 SCH